Бакуменко Василий Витальевич
Asymmetric Jurisdiction Clauses in International Procedural Law: A Comparative Analysis
Международное частное право
The dissertation is devoted to the comparative analysis of asymmetric jurisdiction clauses in international procedural law. The author deals, firstly, with the elaborated national and international approaches to nature and interpretation of asymmetric jurisdiction clauses within international civil procedure, and, secondly, the rules on interpretation, validity and enforcement of such clauses under different jurisdictions and private international law in general. After examining accumulated case law and theoretical material, the author comes to the conclusion that recently there is a dualism of tendencies regarding the recognition of asymmetric clauses depending on belonging of jurisdiction to a certain legal system, which is, however, not absolute. At the same time, it is proposed to reconsider the most typical arguments for recognizing such clauses as invalid, both in terms of substantive and procedural principles.